State and that, the subject land was
not a Thika land. Thika Controller had the jurisdiction to decide as
to whether or not the subject ... that,
a Khatal stands vested with the State under the Thika Tenancy Law.
Thika Controller by his order dated January 28, 2011 has merely
noted
Private respondents filed a return before Thika Controller under the
Thika Tenancy Laws. Thika Controller proceeded to decide on such
return and found the private ... respondents to be thika tenants in
respect of the property concerned. Such decision of the Thika
Controller is dated April 15, 2012.
10. No material
impugned order, the Tribunal upheld
the decision of the Thika Controller dated July 15, 2005
holding that Premises No. 46/13 S. N. Banerjee Road ... Consequently, according to
him, there was no complaint before the Thika Controller
for him to assume jurisdiction.
5. Learned advocate appearing for the writ
petitioners
Shri Shyamal Kumar Chanda vs The Learned Thika Controller on 3 August, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
Dd 18 03.08.2023
WPLRT ... 11780/2019)
Shri Shyamal Kumar Chanda
Vs.
The Learned Thika Controller, Kolkata
Thika Tenancy & Ors .
Mr. Kallol Mondal, Advocate
... ... For the Petitioner
Mr. Chandi
Shri Shyamal Kumar Chanda vs The Learned Thika Controller on 9 August, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
DL-33
09.08.2023 WPLRT ... Court No.5
(AD) Shri Shyamal Kumar Chanda
Vs.
The Learned Thika Controller, Kolkata Thika Tenancy &
Ors.
Mr. Shyamal Kumar Chanda
... petitioner in-person
Nanku Shaw was a thika
tenant in respect of an immovable property. Thika
tenancy is admitted by the Thike Controller as also ... Shaw in
respect of the thika tenancy concerned. Consequent
upon such decree, the writ petitioners approached the
Thika Controller for recording the writ petitioners
lease. He submits that, the unilateral
deposit of rent with the Thika Controller does not vest the suit
property with the State of West Bengal ... decide the right of thika tenancy. In the instant case, such decision
has not been taken by the Thika Controller.
The claim of vesting
thika tenancy as enshrined in Section 2(4) of the Act of 1949.
5. In the facts of the present case, Thika Controller proceeded ... tenancy of the private respondents was a thika
tenancy. Consequently, the decision of he Thika Controller and all
subsequent decisions concurring with such decision
Learned senior advocate appearing for the writ petitioner
submits that, the Thika Controller assumed jurisdiction
erroneously. He refers to the facts of the present case ... regard to an order dated
September 27, 2019 passed by the Thika Controller in
Misc. Case no.61 of 2008.
7. Thika Controller passed
declared to be a thika tenancy has to be looked at. The
declaration is made by a thika controller. Such thika
controller is, therefore, both ... property concerned is claimed to
be a thika tenancy in absence of the thika controller.
WP No.22695(W) of 2017 is dismissed.
No order
